[Python-Dev] Re: Recent IBM Patent releases

[Terry Reedy]

"Scott David Daniels" <Scott.Daniels at Acm.Org>
> IBM has recently released 500 patents for use in opensource code.
>
>     http://www.ibm.com/ibm/licensing/patents/pledgedpatents.pdf
>
>     "...In order to foster innovation and avoid the possibility that a
>     party will take advantage of this pledge and then assert patents or
>     other intellectual property rights of its own against Open Source
>     Software, thereby limiting the freedom of IBM or any other Open
>     Source developer to create innovative software programs, the
>     commitment not to assert any of these 500 U.S. patents and all
>     counterparts of these patents issued in other countries is
>     irrevocable except that IBM reserves the right to terminate this
>     patent pledge and commitment only with regard to any party who files
>     a lawsuit asserting patents or other intellectual property rights
>     against Open Source Software."

The exception is, of course, aimed for now at SCO and their ridiculous 
lawsuit against Linux and IBM with respect to Linux.

from another post
> I believe our current policy is that the author warrants that the code
> is his/her own work and not encumbered by any patent.

Without a qualifier such as 'To the best of my knowledge', the latter is an 
impossible warrant both practically, for an individual author without 
$1000s to spend on a patent search, and legally.  Legally, there is no 
answer until the statute of limitations runs out or until there is an 
after-the-fact final answer provided by the court system.

Terry J. Reedy